San Diego Wrongful Death Attorney

The wrongful death of a loved one brings difficult decisions that no family should have to make. Who should answer for what happened? What legal steps can be taken? How will the financial impact be managed?

Thorsnes Bartolotta McGuire helps those who have lost loved ones in San Diego understand their options when negligence leads to a loss. A wrongful death claim may provide compensation for expenses such as medical bills, funeral costs, and lost income. More than that, it ensures the at-fault party is held to account.

Our attorneys have experience handling cases involving vehicle accidents, medical malpractice, workplace injuries, and other situations where preventable mistakes led to tragedy. Every case is different, and we take the time to understand the details so we can provide the best legal guidance.

If you are considering a San Diego wrongful death lawsuit, we are available to discuss your case. Call (619) 236-9363 or contact us online for a free consultation.

“There is truly something special about the authentic care and compassion that was exhibited by Thorsnes Bartolotta McGuire during my dad‘s wrongful death lawsuit. What stands out most is how our interaction with the team was always focused on getting to know who he was as a person and who we are as a family, allowing us to focus on our grief and healing. 

But behind the scenes, they were hard at work on our behalf, ultimately curating a meaningful resolution that shielded us from emotional depositions and testimony. From day one, this stellar group has made an indelible impact on our family and our future, and I am grateful for knowing Vince, Chris, Kevin, Karla, and Pam - truly the best!”

- Julie F. | Client

What Is Wrongful Death?

Wrongful death occurs when someone’s negligence or misconduct leads to another person’s passing. This can include:

• A hospital’s failure to diagnose a life-threatening condition,
• A distracted or impaired driver causing a fatal crash,
• An employer ignoring safety rules at a construction site, or
• A manufacturer selling a defective product that leads to fatal injuries.

Certain situations are straightforward—such as when a driver runs a red light and causes a deadly accident. More complex matters require a thorough review to establish fault, especially in medical malpractice or workplace incidents. That’s where experienced San Diego wrongful death attorneys step in, ensuring that evidence is gathered, witnesses are interviewed, and the right parties answer for their actions.

California law limits the time you have to file a wrongful death claim, which means waiting too long can impact your ability to seek justice. If you have questions about whether your situation qualifies, we’re ready to help.

Types of Cases Our San Diego Wrongful Death Lawyers Handle

Some accidents are unavoidable, but others happen because someone cuts corners, ignores safety rules, or fails to take responsibility. When that leads to tragedy, families deserve a legal team that holds those at fault accountable.

For over four decades, our firm has helped local families in wrongful death cases involving:

• Traffic collisions—fatal wrecks involving cars, motorcycles, trucks, bicycles, and pedestrians caused by reckless or impaired drivers.
• Medical malpractice—loss of life due to misdiagnosis, surgical mistakes, medication errors, or failures in care at pharmacies, clinics, or military hospitals.
• Workplace hazards—safety violations at construction sites, warehouses, and other workplaces that resulted in preventable deaths.
• Defective products—faulty vehicles, medical devices, prescription drugs, and household products that led to fatal injuries.
• Unsafe property conditions—accidents in stores, apartment buildings, and public spaces caused by hazardous conditions.
• Elder neglect and abuse—fatal injuries caused by mistreatment or lack of supervision in nursing homes or assisted living facilities.
• Boating and aviation accidents—incidents involving operator negligence, mechanical failure, or unsafe conditions on boats and aircraft.
• Wildfires and floods—cases where preventable deaths occurred due to poor safety measures or delayed emergency response.

Wrongful death cases are about more than legal claims—they bring attention to negligence that should have never been ignored. Families come to Thorsnes Bartolotta McGuire because they want the truth and a law firm that will fight for it.

San Diego Wrongful Death Statistics

It can be difficult to face the reality of how often preventable tragedies occur, but knowing the facts can help you understand why taking legal action is so important. While specific wrongful death statistics for San Diego can vary, we know from local and state data that many lives are lost each year due to negligence.

• Vehicle Accidents: According to data from the San Diego Association of Governments (SANDAG), in 2022, 284 people lost their lives in traffic collisions across the San Diego region. Over 100 of these fatalities involved pedestrians and bicyclists. Interstate 5 in San Diego has been named California's third-deadliest roadway, with 21 fatalities on I-5 in 2022 alone.
• Medical Errors: A study reported that medical errors are the third leading cause of death nationwide. According to data from the National Practitioner Data Bank (NPDB), roughly 17 out of every 100,000 Californians are involved in a medical malpractice lawsuit. As one of California’s largest metropolitan areas, San Diego naturally sees a higher volume of medical care, with major institutions like Scripps Health, UC San Diego Health, Sharp HealthCare, and Kaiser Permanente serving thousands of patients, which may contribute to the region's representation in statewide malpractice data.
• Workplace Incidents: Industries like construction and manufacturing consistently see a high number of injuries and deaths. San Diego ranks second in California for the total number of reported workplace injuries, with an estimated 8,700 incidents annually. This is a rate of 611 injuries per 100,000 workers, according to data from Cal/OSHA and the Bureau of Labor Statistics.

Some decisions are too important to put off. If someone else’s negligence led to your loved one’s passing, you have the right to seek justice. You don’t have to know every detail right now—that’s our job. What matters is making sure you take action while there’s still time.

Call a San Diego wrongful death lawyer at (619) 236-9363 or contact us through our website for a free case review.

How a San Diego Wrongful Death Lawyer Proves Liability 

To win a wrongful death case in California, your legal team must prove that the other party was at fault. This means showing that their careless or reckless actions directly caused your loved one's death. There are four key elements we must prove:

• Duty of Care: The at-fault party had a legal obligation to act with reasonable care toward the deceased person. For example, a driver has a duty to obey traffic laws, a doctor has a duty to provide proper medical care, and a property owner has a duty to keep their premises safe.
• Breach of Duty: The at-fault party failed to meet this duty of care. This could be a driver who was texting and not paying attention, a doctor who made a surgical error, or a property owner who ignored a dangerous condition they knew about.
• Causation: The at-fault party's breach of duty was a direct cause of your loved one's death. This is a crucial step, and it requires us to show a clear link between their actions and the tragedy.
• Damages: You, as a family member, suffered measurable losses as a result of the death. These "damages" can be both economic, like lost income and funeral bills, and non-economic, like the loss of love and companionship.

Proving these elements requires a thorough and detailed investigation, which you shouldn’t have to worry about in the aftermath of losing your loved one. 

We will gather evidence, such as accident reports, medical records, and witness statements. Our San Diego wrongful death lawyers may also work with expert witnesses, like accident reconstruction specialists or medical professionals, to build a strong case and prove that the other party's negligence was the cause of your family's loss.

Why File a San Diego Wrongful Death Lawsuit?

Losing someone because of another person’s mistake is devastating. It can leave you feeling lost, angry, and unsure of what to do next. In moments like this, the thought of filing a lawsuit might seem distant or even uncomfortable.

But for many families, taking legal action is not about blame or money. It’s about making sure your loved one’s life is honored. It’s about getting help with the challenges that follow. And it’s about finding some sense of clarity. 

Here’s why filing a wrongful death claim can be an important step forward:

• Easing the Financial Burden: A sudden loss often brings unexpected costs, such as medical bills, funeral expenses, and the loss of your loved one’s income. A lawsuit can give your family the financial breathing room to focus on healing.
• Holding the Right People Accountable: If someone else’s actions caused your loved one’s death, they should be held responsible. Filing a wrongful death claim can help uncover what went wrong and ensure that the person or company at fault is not allowed to walk away without answering for it. It’s one way to seek justice and help prevent something like this from happening to another family.
• Getting the Answers You Deserve: After an unexpected loss, questions often linger. What really happened? Could it have been avoided? You deserve honest answers. A wrongful death case can help bring those facts to light, giving your family a fuller understanding of the truth and a way to move forward with purpose.
• Creating Change That Protects Others: Sometimes, standing up for your loved one can help protect other families from facing the same pain. Wrongful death lawsuits can lead to changes in safety rules, company policies, or even laws and prevent future tragedies.

What Compensation Can a San Diego Wrongful Death Attorney Help You Pursue?

When someone else’s negligence takes a life, families are left with more than grief. Funeral costs, medical bills, and lost income create hardship in an already difficult time.

Families may seek compensation for:

• Medical expenses related to treatment before passing,
• Funeral and burial costs,
• Lost wages and benefits the deceased would have earned,
• Loss of companionship and emotional distress, and
• Punitive damages in cases of extreme negligence.

Filing a wrongful death claim is about ensuring that the party at fault—not the family—takes financial responsibility for the harm caused. Whether the liable party is a hospital, a business, a trucking company, or another entity, the legal process exists to ensure accountability.

Studies show that working with a San Diego wrongful death lawyer can improve the chances of securing full compensation for losses. A Martindale-Nolo study found that more than 9 out of 10 people who had legal representation received a settlement or award, compared to only about half of those who tried to handle their case on their own.

Survival Actions

In San Diego and across California, there are two different types of legal claims you can file after a wrongful death: a wrongful death claim and a "survival action." While a wrongful death claim is for the family's own losses, a survival action is different.

A survival action is filed by the deceased person's estate for the losses that the person suffered before their death. This can include:

• Medical bills from the time of the accident until the moment of passing.
• Lost income from the time of the injury until death.
• Damages for the pain, suffering, or disfigurement the person experienced before they passed away.

A survival action is a way to ensure that the at-fault party is held responsible for all the harm they caused, not just the death itself. Our experienced San Diego wrongful death lawyers can help you determine which of these claims is appropriate for your situation.

Verdicts and Settlements in San Diego Wrongful Death Lawsuits

Families who lose a loved one due to negligence often face unexpected expenses, uncertainty about their legal rights, and the need for legal action. While no case can undo a loss, a fair settlement or verdict provides financial stability and ensures those at fault take responsibility.

Our firm has fought for families throughout San Diego County, securing results in wrongful death cases involving medical malpractice, vehicle crashes, and elder abuse. Some of our case results include:

• $5.99 million jury verdict. A misread biopsy slide delayed a cancer diagnosis. By the time the mistake was found, treatment was no longer possible. Our attorneys proved the medical provider’s failure led to a preventable loss.
• $2.5 million settlement. A commercial truck rear-ended a vehicle, causing it to catch fire. The driver was trapped and did not survive. The trucking company was held responsible for the unsafe conditions that led to the crash.
• $465,000 settlement. An elder abuse case involving an 84-year-old who fell from a wheelchair after being left unattended. The nursing home was forced to take responsibility for its negligence.

These cases are about demanding change from hospitals, corporations, and insurance companies. When wrongful actions result in a preventable death, legal action ensures there are consequences.

Understanding Shared Fault in San Diego Wrongful Death Cases

In some cases, the other side may claim that your loved one was partly responsible for what happened. For example, in a San Diego car accident, they might argue that your loved one was driving too fast, even if the other driver made a serious mistake.

California uses what’s called a pure comparative fault system. This means your family can still recover compensation, even if your loved one was partly at fault. However, the amount you receive may be reduced based on their share of the blame. So if a jury finds your loved one was 20% responsible, your compensation would be reduced by 20%.

Insurance companies often use this to their advantage. They may try to shift as much blame as possible to avoid paying what your family truly deserves. That’s where we come in. Our San Diego wrongful death attorneys will carefully investigate the facts, push back against unfair blame, and fight for the full amount your family is owed.

Who Is Eligible for a San Diego Wrongful Death Lawsuit?

California law lays out specific rules about who can bring a wrongful death claim. Generally, the people who have the first right to file include:

• A spouse,
• Children, or
• A registered domestic partner.

When none of these family members step forward, others may have the right to file. This can include:

• Parents,
• Siblings,
• Stepchildren or alleged spouses who depended on the deceased for financial support, or
• Minors who relied on the deceased for at least half of their financial needs.

California’s wrongful death laws follow succession rules, meaning the right to file a claim generally goes to those who would inherit from the person’s estate. If you’re unsure whether you qualify, speak with a wrongful death lawyer in San Diego about your legal rights.

“When someone walks into our office after losing a loved one, we don’t start by talking about lawsuits or settlements. We ask about the person they lost—who they were, what they meant to their family, what’s been taken from them. Because that’s what this is really about.

Families come to us because something preventable happened, and now their world looks different. Whether it was a reckless driver on the 5, a mistake at a San Diego hospital, or an unsafe job site, they want accountability. They want answers. Our role is to make sure they get both.”

- Vincent J. Bartolotta, Jr. | Founding Partner at Thorsnes Bartolotta McGuire

What Our San Diego Wrongful Death Attorneys Do for You

A wrongful death affects families in ways that go beyond the legal claim. Medical bills, funeral expenses, and the sudden loss of income create immediate concerns, while unanswered questions about what went wrong add to the emotional toll.

At Thorsnes Bartolotta McGuire, we take on the legal work so families can focus on their personal needs. Every case is different, but here’s how we help:

• Investigating what led to the loss. Whether it was a high-speed crash on the 805, a preventable medical mistake, or an accident on the job in Mission Bay, we gather records, talk to witnesses, and bring in experts to get the facts.
• Assessing financial impact. We calculate lost wages, outstanding medical expenses, funeral costs, and how the loss affects a family’s future.
• Negotiating with insurance companies. Insurance providers try to settle cases quickly and for as little as possible. We step in to make sure families aren’t pressured into accepting less than they should.
• Taking the case to court when needed. If the other side refuses to offer a fair settlement, we are prepared to present the case to a  judge and jury. Our attorneys have handled cases across San Diego County and know what it takes to hold negligent parties accountable.

These cases take time, and families should always know what to expect. We work to keep clients informed so they never feel lost in the legal system.

Why Choose a San Diego Wrongful Death Lawyer at Thorsnes Bartolotta McGuire?

Losing a loved one because of someone else’s actions is painful, and there’s no way to undo that loss. But holding the responsible party accountable can bring closure to your family.

For 47 years, our San Diego wrongful death law firm has stood beside those seeking justice, from Chula Vista to La Jolla, who are facing some of the hardest times in their lives. Wrongful death cases require a legal team with the experience and resources to stand up to insurance companies, hospitals, corporations, and other liable parties. We know the courts and judges, and what it takes to fight for fair compensation under California law.

If you’re looking for lawyers who will take your case seriously and put in the work it deserves, call (619) 236-9363 or contact us online to set up a consultation. Let’s talk about how we can support you through this time.

Proudly Representing San Diego Residents